Terms of Use

Welcome to HubCiti. We are so glad you joined us. In order to use our Site, you must agree to our Terms of Use – but don’t worry, they are not scary and simply define what you can expect of us and what we expect of you. However, there are important topics that contain legal disclosures that you will want to read carefully; including permitted uses of this the Site and limits on what we can do for you. We think they are fair and very helpful in making sure other users don’t interfere with your experience, or our job to save you time and money while supporting higher education in the good old USA. If you have any questions, please contact us at info@hubcitiapp.com and visit our FAQ (Frequently Asked Questions) pages.

Updated February 18, 2015

TERMS OF USE: All Content contained in websites and apps owned and operated by HubCiti, HubCiti or by others on behalf of HubCiti (individually and collectively call herein; Site, HubCiti, HubCiti Websites, HubCiti App.) are the exclusive property of HubCiti. Content includes but is not limited to all features, functionally, services, applications, API’s, and content including without limitation web pages, text, graphics, images, photographs, data, , audio, video, and documents including, without limitation, offers, discounts, rebates and coupons, marketing materials, product data sheets, press releases, white papers, and other information and content available on or through or submitted on or through HubCiti, whether or not trademarked, copyrighted or patented and shall all remain the exclusive property of HubCiti, and under its control to the fullest extent of the law.

UPDATES: Updates to HubCiti’s Terms of Use and Privacy Policy are available over the Internet at the HubCiti’s website, HubCitiApp.com, or at anytime by emailing HubCiti at: Info@HubCitiApp.com. HubCiti may revise these Terms of Use or its Privacy Policy at any time. Updates become effective upon posting on the HubCiti website. Your continued use of the Site following the posting shall constitute your acceptance of these updates.

AUTHORITY TO ACCEPT THE TERMS OF USE. You represent that you are of legal age to make a binding contract and have full power, capacity and authority to accept these Terms of Use. If you are under thirteen (13) years of age, please do not use or access HubCiti’s websites or app at any time for any purpose. If you are accepting on behalf of your employer or another entity, you represent that you have full legal authority to bind your employer or such entity to these Terms of Use. If you don't have the legal authority to bind your entity, please have an authorized person from your entity consent to and accept these Terms of Use.

PRIVACY: Please see separate “HUBCITI PRIVACY POLICY

IF YOU DO NOT AGREE TO THESE TERMS OF USE, PLEASE DO NOT USE THIS SITE OR APP.

CONTENT: All Content, including without limitation information related to any product or service offer, discount, rebate or coupon, use or suitability, price, quantity, delivery, operating instructions, drug, and health information, warranty, availability, safety, provided on or through HubCiti is for informational purposes only, and should not be construed as endorsed or vetted in any way by HubCiti, or effective, or safe for your use. Always consult a medical professional regarding any health or medical condition you may have before using any medical product or any over-the-counter drug or consumable product. HubCiti makes no representation or guarantee that the Content is accurate, complete or timely, or suitable for the intended use and reliance on any information within the Content or provided on or through the HubCiti is solely at your own risk. It is important to note the some of HubCiti’s content is provided by third parties and by using the third party content, you may be subject to the third party’s terms of use in addition to these of HubCiti. It is your responsibility of determine if and when this applies while using HubCiti.

SERVICES: HubCiti may add, alter or discontinue any service, feature or functionality it offers at any time without notice. If HubCiti terminates your service, it will refund any remaining savings in your “MyAccount” within 45 days after your acknowledgment and agreement with the amount to be disbursed.

AVAILABILTY: HubCiti makes no representation that its service will be available at any particular location or at any particular time. While we use reasonable efforts to keep the Site accessible, the Site may be unavailable from time to time for any reason including, without limitation, routine maintenance. You understand and acknowledge that due to circumstances both within and outside of our control Site access may be interrupted, suspended or terminated.

TRADEMARKS AND COPYRIGHTS: All HubCiti’s trademarks and copyrights remain the exclusive property of HubCiti and shall not be reproduced or distributed in any manner without written permission from HubCiti. All content on HubCiti’s websites and App is the exclusive property of HubCiti or is being used with permission. ANY COPYING, DISTRIBUTING, TRANSMITTING, POSTING, LINKING, OR OTHERWISE MODIFYING THIS SITE OR ANY OF ITS CONTENTS WITHOUT THE EXPRESS WRITTEN PERMISSION OF HUBCITI IS STRICTLY PROHIBITED. Any violation of this requirement may result in a copyright, trademark or other intellectual property right infringement that may subject you to civil and/or criminal penalties. The site contains copyrighted material, trademarks and other proprietary information and shall not be swept, crawled, scanned, captured, or retransmitted in any manner whatsoever and shall not be redistributed without the written consent of HubCiti. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you by HubCiti or is advertisers, affiliates and sponsors is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by HubCiti or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works, in whole or in part from this information. You agree not to reproduce, duplicate, copy, convey, sell, trade, or resell any portion of HubCiti’s information.

CERTAIN SERVICES: In order to use certain HubCiti services, (for example; “MyAccount” to track your earnings and savings) you are required to provide current, accurate identification, contact, and other information as part of the registration process. You are responsible for maintaining the confidentiality of your HubCiti password. You are responsible for all activities that occur under your account. You agree to immediately notify HubCiti of any unauthorized use of your password or your “MyAccount” or any other breach of security. HubCiti cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.

ACCESS: HubCiti may block, limit or exclude anyone from access at any time to its website and app in its sole discretion without notice and without liability.

INDEMNITY: YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HUBCITI, AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND AFFILIATES HARMLESS FROM ANY AND ALL CLAIMS, PROCEEDINGS, DAMAGES, INJURIES, LIABILITIES, LOSSES, COSTS AND EXPENSES (INCLUDING REASONABLE ATTORNEYS' FEES AND LITIGATION EXPENSES), ARISING OUT OF OR RELATING TO YOUR USE OF THE HUBCITI WEBSITES AND APP, SERVICES, SOFTWARE OR CONTENT OR YOUR VIOLATION OF THESE TERMS OF USE.

LIMITATION OF LIABILITY: YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT SHALL HUBCITI, ITS AFFILIATES AND CONTENT PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, REVENUE OR DATA, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN CONTRACT OR TORT, ARISING FROM YOUR USE OF, OR INABILITY TO ACCESS INFORMATION OR SERVICES PROVIDED BY HUBCITI EVEN IF HUBCITI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING THE FOREGOING, HUBCITI AND ITS AFFILIATES TOTAL LIABILITY, IN CONTRACT, WARRANTY, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITY OR ANY OTHER REASON WHATSOEVER SHALL BE LIMITED TO THE COST OF ACCESSING THE HUBCITI WEBSITE AND APP, IF ANY.

LIMITATIONS: SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CERTAIN LIABILITIES. TO THE EXTENT THAT THEY ARE HELD TO BE LEGALLY INVALID, EXCLUSIONS, AND LIMITATIONS SET FORTH IN THESE TERMS OF USE DO NOT APPLY;

DISCLAIMER: EXCEPT WHERE EXPRESSLY PROVIDED HEREIN, THE HUBCITI’S INFORMATION IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. HUBCITI EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN ADDITION, HUBCITI MAKES NO WARRANTY THAT: (A) THE HUBCITI WEBSITE OR APP, SERVICES, SOFTWARE, OR CONTENT WILL MEET YOUR REQUIREMENTS; (B) THE WEBSITE WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE HUBCITI’S WEBSITE, SERVICES, SOFTWARE, OR ANY CONTENT PROVIDED ON OR THROUGH THE SITE WILL BE ACCURATE, TIMELY, OR RELIABLE; OR (D) THE QUALITY OF ANY SERVICES OR CONTENT OBTAINED BY YOU ON OR THROUGH THE SITE WILL MEET YOUR EXPECTATIONS. ANY SERVICES, SOFTWARE OR CONTENT ACCESSED, USED, DOWNLOADED OR OTHERWISE OBTAINED ON OR THROUGH THE HUBCITI WEBSITE OR APP IS USED BY YOU AT YOUR OWN RISK. HUBCITI SHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM USE OF THE HUBCITI WEBSITE OR APP, SOFTWARE, OR CONTENT.

LINKS: HubCiti may provide links to other websites and resources. Because HubCiti has no control over such sites and resources, you acknowledge and agree that HubCiti is not responsible for and has no liability in connection with your use of the content or resources of these third party sites and shall not be liable in any way for consequences of connecting to said third party sites or resources, and that you understand and accept that HubCiti does not endorse, is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or those to which they may connect including but not limited to objectionable content. Notwithstanding the foregoing, please notify HubCiti if you encounter any objectionable material. You further acknowledge and agree that HubCiti shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance upon any such content, goods or services available on HubCiti’s website or through any such third party site or resource.

APPROPRIATE CONDUCT: You understand that all information (Content) including without limitation, data, text, software, music, sound, photographs, graphics, video and other materials available at HubCiti are the sole responsibility of the person that originated such Content. You understand that by using HubCiti, you may be exposed to Content that is offensive, indecent or objectionable. Notwithstanding the foregoing, please notify HubCiti if you encounter any objectionable material.

You agree that you are responsible for your own conduct and Content while using HubCiti and for any consequences thereof. You agree to use HubCiti only for purposes that are legal ethical and in accordance with HubCiti’s Terms of Use and Privacy Policy. You further agree as follows:

1. You will not upload, email, transmit or post any information in any form including without limitation graphic, text, video, audio and encrypted data that:

a. violates the legal rights of others including without limitation information that may defame, abuse, harass, stalk, threaten;

b. is inappropriate, obscene or unlawful;

c. infringes on any patent, trademark or copyright;

d. promotes pyramid schemes, chain letters or contains disruptive commercial messages or advertisements, or anything else prohibited by law and prohibited by HubCiti’s Terms of Use.

2. You will not download any file posted by another that cannot be legally distributed via the Internet.

3. You will not;

a. use any robot, spider, site search/retrieval, beacon, application, or other device or software to index or retrieve any portion of HubCiti’s information, software, procedures or systems or collect information about users for any purpose; and understand that you may be sued by one or multiple parties either directly or in a class action suit.

b. impersonate another person or entity;

c. restrict or inhibit access of others to HubCiti;

d. use HubCiti for any illegal or unauthorized purpose;

e. remove any copyright, trademark or other proprietary rights notices;

f. submit Content that falsely indicated or implies that such Content is HubCiti’s or endorsed by HubCiti;

g. create user accounts by automated means, or under false pretenses;

h. promote or provide instructional information regarding illegal activities, or promote physical harm against any person or group;

i. transmit any viruses, worms, defects, Trojan horses, or any destructive software.

j. take any action that is illegal or unethical

While HubCiti strives to prohibit the above conduct and Content, you understand and agree that HubCiti may or may or may not detect such violations and shall not be responsible or liable in any way for such conduct or Content. You are requested to notify HubCiti immediately if you detect unacceptable conduct or Content. You understand and agree that HubCiti may take appropriate action as it sees fit in its sole discretion.

INTERNATIONAL USERS: International users agree to comply with their location’s prevailing rules, regulations and laws regarding online conduct and acceptable content, including laws regulating the export of data to the United States or to your country of residence.

PUBLIC NATURE OF YOUR STATEMENTS: Any opinions, advice, ratings, discussions, comments, and/or other messages or postings of any kind made by you to HubCiti or HubCiti Communities (collectively, “Statements”), are public in nature and you understand and agree that all such Statements are public and not private. Any other person (whether or not a user of HubCiti) may read your Statements without your knowledge. Please do not include any Personal Information (as defined in our Privacy Policy) in your Statements. Any and all Statements you post to our Site are not confidential including but limited to customer service emails. In addition, by posting Statements or other information on or through the Site, you grant HubCiti a royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display the Statements alone or as part of other works in any form, media, or technology without territorial or time limitations. Your license of any Statements or information submitted above extends to use for promotions, advertising, market research or any other lawful purpose, without limitation.

SUBMISSION OF CONTENT: You may submit Content to HubCiti using various means, including data feeds or submissions through the Base API ("Content Submission"); these methods of submission are described in the technical specifications provided to you by HubCiti. Contact HubCiti for details. You agree to submit Content in a manner that complies with the then-current specifications provided by HubCiti to enable proper delivery and display of the Content. If the Content you submit contains URLs (or equivalent thereof), you agree that HubCiti has the right to access, index, cache or crawl the URL(s) (or equivalent thereof), the Content itself, or any portion thereof in connection with HubCiti’s authorized use of the Content.

GENERAL: Governing Law: The Terms of Use shall be governed by the laws of the State of Texas without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Dallas, Texas or Travis, Texas at HubCiti’s sole discretion.

Arbitration: HubCiti will make every reasonable effort to resolve any disagreements that you may have with HubCiti. However, if those efforts fail, by using this Site you agree that any claim, dispute, or controversy you may have against HubCiti arising out of, relating to, or connected in any way with this Agreement or this Site shall be resolved exclusively and finally by binding arbitration administered by the American Arbitration Association (“AAA”) and conducted before a single arbitrator pursuant to the applicable Rules and Procedures established by AAA (“Rules and Procedures”). You agree further that: (a) the arbitration shall be held at a location determined by AAA pursuant to the Rules and Procedures or at a mutually agreed upon by you and HubCiti; (b) the arbitrator shall apply Texas law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (c) there shall be no authority for any claims to be arbitrated on a class or representative basis; arbitration can decide only your and/or HubCiti’s individual claims; and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated.

Entire Agreement. The Terms of Use constitute the entire agreement between you and HubCiti and govern your use of HubCiti, superseding any prior agreements between you and HubCiti. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other HubCiti services, affiliate services, third-party content or third-party software services. No waiver by either you or HubCiti of any breach or default or failure to exercise any right allowed under this Agreement is a waiver of any preceding or subsequent breach or default or a waiver or forfeiture of any similar or future rights under our Agreement. If any provision of our Agreement is held invalid by a court of competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions contained in this Agreement, and the remaining portions of our Agreement shall continue in full force and effect.

Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of HubCiti services or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Section Headings. The section headings in the Terms of Use are for convenience only and have no legal or contractual effect

Notice. You agree that HubCiti may provide you with notices, including those regarding changes to the Terms of Use, by email, regular mail, or postings on HubCiti’s website and app.